Musgrave v. State
Court of Appeals of Texas
Appeal from the District Court of Frio. Tried below before Hon. DP. Marr. This conviction was for the theft of Brown’s bay mare, and the penalty assessed was a term of five years in the penitentiary. Under the questions discussed in the opinion of the court it is unnecessary to state any more of the evidence adduced on the trial than that pertaining to the confession of the defendant, all of which is condensed in the testimony of the State’s witness Harkness.
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Appeal from the District Court of Frio. Tried below before Hon. DP. Marr. This conviction was for the theft of Brown’s bay mare, and the penalty assessed was a term of five years in the penitentiary. Under the questions discussed in the opinion of the court it is unnecessary to state any more of the evidence adduced on the trial than that pertaining to the confession of the defendant, all of which is condensed in the testimony of the State’s witness Harkness. The said Harkness testified that he and Frank Rhodes went to Bennett Musgrave’s house in Atascosa County, in March, 1885, in quest of…
1Opinion of the Court
Hurt, Judge.
This is a conviction for the theft of a mare, the property of W. H. Brown.
Upon the trial the State proved by J. C. Harkness that in March, 1885, he went to Atascosa County to look for stolen horses; that he went to the house of Bennett Musgrave—went into the house, and after sitting there *59awhile the defendant came out of a room and went to the woodpile; that witness followed to the woodpile and arrested him; that he, witness, found a gray pony at Musgrave’s which had been stolen from his brother in Frio County a short time before; that defendant claimed this pony before his arrest.
2Cited by6 opinions
- State v. EllingtonIdaho Supreme Court · 1895
- Perez v. StateCourt of Criminal Appeals of Texas · 1958
- Cascio v. StateCourt of Criminal Appeals of Texas · 1943
- Ex Parte HopsonCourt of Criminal Appeals of Texas · 1985
- Ex Parte HopsonCourt of Criminal Appeals of Texas · 1985
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